Ord. 1148 01-26-04ORDINANCE NO. 1148
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, ABANDONING A CERTAIN TEN FOOT (10')
PUBLIC UTILITY EASEMENT RECORDED IN VOLUME 21, PAGE 77
OF PLAT RECORDS OF, BRAZORIA COUNTY, TEXAS, WITHIN THE
CORPORATE CITY LIMITS OF PEARLAND, BRAZORIA COUNTY,
TEXAS; HAVING A SAVINGS CLAUSE AND A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, a petition has been filed with the City of Pearland, to abandon a
certain ten foot (10') public utility easement described in Exhibit "A", attached hereto
and made a part hereof for all purposes, and recorded in Volume 21, Page 77 of the
Plat Records of Brazoria County, Texas; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. The City Council finds and determines that public convenience and
necessity does not require retention of said ten -foot (10') wide public utility easement.
Section 2. That said public utility easement, evidenced by Exhibit "A", is
hereby ABANDONED by the City of Pearland.
Section 3. That the Mayor or his designee is hereby authorized to execute and
the City Secretary to attest all documents necessary to give effect to this Ordinance.
Section 4. A certified copy of this ordinance recorded in the official records of
Brazoria County, Texas, shall constitute notice of this action by the City Council.
Section 5. Abandonment of the public utility easement is contingent upon the
execution of the Waiver and Release of Liability attached hereto as Exhibit "B", by the
petitioner(s) requesting abandonment.
Section 6. Abandonment of the public utility easement is also contingent upon
the execution of any required easements, by the property owner, to the City.
Section 7. Savings. All rights and remedies which have accrued in favor of
the City under this Chapter and amendments thereto shall be and are preserved for the
benefit of the City.
ORDINANCE NO. 1148
Section 8. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise
unenforceable by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the
validity of the remaining portions thereof.
Section 9. Effective Date. This Ordinance shall become effective
immediately upon its passage and approval by the City Council.
PASSED and APPROVED ON FIRST READING this the 12th day of
January , A. D., 2004.
ATTEST:
ETARY
PASSED and APPROVED ON SECOND AND FINAL READING this the 26th
day of January , A. D., 2004.
owl
TOM REID
MAYOR
TOM REID
MAYOR
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
WAIVER AND RELEASE OF LIABILITY
THE STATE OF TEXAS
PRESENTS:
COUNTY OF BRAZORIA
§
§
§
KNOW ALL MEN BY THESE
That I, owner of the ten foot (10') public utility easement
recorded in Volume 21, Page 77 of the Plat Records of Brazoria County, Texas, do
hereby release the City of Pearland, including but not limited to its officers, agents, and
employees, in both their public and private capacities, from and against any and all
claims that the undersigned holds or may claim due to the abandonment.
It is further agreed that the execution of this Release shall not constitute a waiver
by the City of Pearland, of the defense of governmental immunity where applicable or
any other defense recognized by the courts of this state.
SIGNED this day of , 2004.
THE STATE OF TEXAS
COUNTY OF BRAZORIA
§
§
§
BEFORE ME, the undersigned Notary Public, on this day personally appeared
, known to me to be the person whose name is subscribed to
the foregoing instrument and acknowledged to me that she executed the same for the
purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
, 2004.
NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
Printed Name:
My Commission Expires:
FM 518 & Dixie Farm Rd.
Pearland, Texas
W al Mart Super Center
DIXIE FARM RD.
Chevron . \ Texaco
J 11`
Existing \\ \\ \ Jack -in -the -Box
Ci A Exxon \
Q I 1 C
CI 1\'
`� \\\�
GI \\\\,\\ c
Oi D 1\\,\ \
%U \,1,' 7
] f� ' \V\
l 0 ✓\i \\\ Space
(100' Wide X 80' Deep)
GARDEN
VI CENTER
108,000 SF
II
Existing
�� Office
ram` Building
N
LONUN (3OO JR.
INLET
INLET
4 SPAES
•
. . • HCS
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r
0
S 63°00' 56" EQWA/ 175.47'
LS
•
•
•
•
CONCRETE PARKING 10'
�a' 21 WATER PGINE ESMT.
77 S. C. M. R.
SIGN
25' BUILDING LINE
• VOL. 21 - _ PG. 77 8. C. M.R. .
RESTRICTED
RESERVE „B„
CONCRETE PARK INC
C
HCS
1' CONC. WALL W/ 6' CLF ON TOP
DETENTION POND
9 f-SPA
I END %' I.R.
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01 018094
43 (1-80)
RELEASE
OF
EASEMENT
STATE OF TEXAS §
COUNTY OF BRAZORIA §
Job REL6441Z
Map 5748E
SEUJRIT7 FEE 1.00
• ?. µto tt-FRES 5.00
.lOTp� 5.00
11.00
F1IE ; 18095
CHECK 11.00
4QAIER-A 1
000.�Y 0172 5/ 2/01 11:58Af WED
WHEREAS, under the platting and dedication of that certain subdivision known
as Home Depot U.S.A., Inc. certain utility easements were dedicated as reflected by the
official plat of said subdivision, recorded in Volume 21, Page 77 of the Plat Records of
Brazoria County, Texas; and,
WHEREAS, Reliant Energy HL&P, a division of Reliant Energy
Incorporated and Reliant Energy Entex, a division of Reliant Energy Incorporated, has
been requested by the present owners of Restricted Reserve "B" in said subdivision to
release its right of use of that portion of the dedicated easements specified in the next
paragraph of this instrument, which Reliant Energy HL&P, a division of Reliant Energy
Incorporated and Reliant Energy Entex, a division of Reliant Energy Incorporated, is
willing to do;
NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS: That in
consideration of the premises, Reliant Energy HL&P, a division of Reliant Energy
Incorporated and Reliant Energy Entex, a division of Reliant Energy Incorporated, has
RELEASED, and does by these presents FOREVER RELEASE, all of its right of use of
the following portion of the aforesaid dedicated easements, which released portion is
described as follows:
The dedicated ten (10) feet wide utility easement located
westerly of and adjoining the fifteen (15) feet Private Storm
ov24 1
Title Data LT 192.168.33.5 BR 2001018094.001
43 (1-80)
Job REL6441Z
Map 5748E
Sewer located westerly of and adjoining the entire easterly
line of Restricted Reserve "8" of said subdivision.
This is a partial release, which affects only that part of the easement
described in the preceding paragraph and which does not in any manner affect Reliant
Energy HL&P's, a division of Reliant Energy Incorporated and Reliant Energy Entex's, a
division of Reliant Energy Incorporated, right to use the remainder of the dedicated
easements in the aforesaid subdivision.
EXECUTED this
STATE OF TEXAS §
COUNTY OF HARRIS §
day of
, 2001.
RELIANT ENERGY HL&P, A DIVISION OF RELIANT
ENERGY INCORPORATED AND RELIANT ENERGY
ENTEX, A DIVISION OF RELIANT ENERGY
INCORPORATED
BY: el/KIALLA•7Za.
Sandra B. Goodall
Supervisor Records Management
Surveying & Mapping Division
Agent & Attomey-in-Fact
This instrument was acknowledged before me on , • 02)
, 2001, by
Sandra B. Goodall, Supervisor Records Management in c urveying & Mapping Division
of Reliant Energy HL&P, a division of Reliant Energy In • .orated, Agent and Attomey-
in-Fact of Reliant Energy Entex, a division of Reliant Energy Resources Corporation, a
Delaware Corporation, on behalf of said corporation.
A.2(;),,2406-
tary's Signature
$ War*
0.24,0
AFTER RECORDING RETURN TO:
SURVEYING & MAPPING
RELIANT ENERGY HL&P
P. O. 'acrsx 1700
HOUSTON, TX 77251-1700
Jitetzi-
Title Data LT 192.168.33.5 BR 2001018094.002
FILED FOR RECORD
OIHAY-2 AMII:Z4
1 y
COUNTY CLERK
A?ORIA c,Oi)+ITY 117Y,1c
�TEXAS
moo EROZOFRA
�. JOYCE RUDMAN, Cook MINI deuroy COW, In own fr.. N
County, limo do hereby Wily the dtf. krbunrrn was FILED
FOR RECORD and RECORDED In Om OFFICIAL RECORD atW.
tlrtr and MN es armed htlf.on by m.
County Clem of &mono Co.. TX
Title Data LT 192.168.33.5 BR 2001018094.003
CERTIFICATION
THE STATE OF TEXAS
COUNTIES OF BRAZORIA, HARRIS &
FT. BEND.
I, LaKeisha Cannon -Scott, Deputy City Secretary of the City of Pearland, Texas,
hereby certify that the attached constitutes a true and correct copy of ORDINANCE NO.
1016; duly passed and approved on its Second and Final Reading by the City
Council on the 136 day of August 2001.
Witness my hand and seal of the City of Pearland, Texas, this 23`d day of May,
2003, at Pearland, Texas.
(SEAL)
4.-7 456-
LaKeisha Cannon -Scott
Deputy City Secretary
3519 TIMMY DRIVE • PEARLAND, TEXAS 77581-5416.281-652-1600 • www;dpearland.bc.us
0Motel aWryest! I.p.r
ORDINANCE NO- 1016
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, WAIVING THE ENCROACHMENT OF A CONCRETE SLAB INTO
THE CITY'S TEN FOOT (10') UTILITY EASEMENT LOCATED NEAR THE
INTERSECTION OF FM 518 AND DIXIE FARM. ROAD IN THE CITY OF
PEARLAND.
WHEREAS, the owner of the subject property has requested a waiver of
encroachment and acknowledges that such waiver extends until such time as the City
desires to gain access for any reason whatsoever to the City's interest in or on such
easement; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City of Pearland hereby waives the encroachment of a
concrete slab into the City's ten foot (10') utility easement located near the
intersection of FM 518 and Dixie Farm Road in the City .of Pearland.
Section 2. This waiver is effective only to the extent of the encroachment
generally described herein and depicted in Exhibit "A" attached hereto and incorporated
herein for all purposes.
Section 3. This waiver is further effective only upon the execution of the
Protective Covenants in a form acceptable to the City of Pearland.
PASSED and APPROVED ON FIRST READING this the 23
July , A. D., 2001.
1
TOM REID
MAYOR
day of
ORDINANCE NO. 1016
ATTEST:
PASSED and APPROVED ON SECOND AND FINAL READING this the 13 day
of August , A. D., 2001.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
2
PROTECTIVE COVENANTS
Pearland Center, Ltd. ("Center") is the owner of record of a certain tract or
parcel of land generally located near the intersection of FM 518 and Dixie Farm Road
in the City of Pearland. The City of Pearland, a Municipal Corporation organized and
existing pursuant to the laws of the State of Texas ("City"), owns a ten foot (10')
utility easement located near the intersection of FM 518 and Dixie Farm Road.
City acknowledges and consents to the encroachment of ,a concrete slab into
the City's ten foot (10') utility easement located near the intersection of FM 518 and
Dixie Farm Road depicted in Exhibit "A". City's acknowledgment and consent is
specifically limited to the encroachment herein described, and as described in the
Ordinance waiving encroachment, and no additional encroachment of any nature
whatsoever shall be construed as having been consented to herein.
CENTER DOES HEREBY RELEASE, ACQUIT, AND FOREVER DISCHARGE CITY,
ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, AND ASSIGNS FROM ANY
AND ALL CLAIMS, DEMANDS, RIGHTS OR CAUSES OF ACTION OF WHATSOEVER
CHARACTER OR NATURE ARISING FROM OR BY REASON OF ANY AND ALL BODILY
OR PERSONAL INJURIES, INCLUDING DEATH AND MENTAL ANGUISH, DAMAGE TO
PROPERTY AND THE CONSEQUENCES THEREOF WHICH MAY BE SUSTAINED BY
CENTER, CENTER'S SUCCESSORS OR ASSIGNS, OCCURRING IN CONNECTION
WITH THE HEREINABOVE REFERENCED ENCROACHMENT INTO THE CITY'S
EASEMENT, AND WHICH ARE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE
OF CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS.
CENTER SHALL KEEP AND HOLD HARMLESS CITY, ITS OFFICERS. AGENTS,
1
EMPLOYEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL COST, LIABILITY,
DAMAGE OR EXPENSE OF ANY NATURE AND HOWSOEVER CAUSED, CLAIMED OR
RECOVERED BY ANYONE BY REASON OF INJURY TO OR DEATH OF ANY PERSON
OR PERSONS OR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY OR
RESULTING FROM THE NEGLIGENCE OF CITY, ITS OFFICERS, AGENTS, EMPLOYEES,
SUCCESSORS, OR ASSIGNS ARISING IN CONNECTION WITH THE HEREINABOVE
REFERENCED ENCROACHMENT. IT IS THE EXPRESSED INTENTION OF BOTH
CENTER AND CITY THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS
INDEMNITY BY CENTER TO INDEMNIFY AND PROTECT CITY FROM THE
CONSEQUENCES OF THE NEGLIGENCE OF CITY, ITS OFFICERS, AGENTS,
EMPLOYEES, SUCCESSORS, OR ASSIGNS WHETHER SUCH NEGLIGENCE BE SOLE,
JOINT, OR CONCURRENT, ACTIVE OR PASSIVE. THE PROVISIONS OF THIS
SECTION SHALL SURVIVE THE TERMINATION, EXPIRATION, ORCANCELLATION OF
THIS AGREEMENT.
City expressly reserves the right, and Center expressly acknowledges and
consents to this right, to remove without liability therefor, any material or structure
contributing to the encroachment acknowledged herein, should such removal be
desirable in order for the City to gain access for any reason whatsoever to the City's
interests in or on such easement. The parties hereto expressly agree that City shall
in no way be liable for any removal and/or damage done to such materials and/or
structures. Furthermore, the parties hereto specifically agree that City shall under no
circumstances be under any duty or responsibility to restore any materials and/or
structures so removed and/or damaged.
2
The conditions and covenants are hereby declared to be covenants running with
the land and shall be fully binding upon all persons acquiring any interest in the
property described herein, whether by descent, demise, purchase, gift, or otherwise.
ACCEPTED and AGREED to this the %3 day of
CITY OF PEARLAND
By:
Bill Eisen
City Manager
PEARLAND CENTER, LTD.,
OWNER
, 2001.
By:
Printed Na
Title: i 1 C— Ste.
V S C ttEiZIst— OKWR/ ,
3
ORDINANCE NO. 1148
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, ABANDONING A CERTAIN TEN FOOT (10')
PUBLIC UTILITY EASEMENT RECORDED IN VOLUME 21, PAGE 77
OF PLAT RECORDS OF, BRAZORIA COUNTY, TEXAS, WITHIN THE
CORPORATE CITY LIMITS OF PEARLAND, BRAZORIA COUNTY,
TEXAS; HAVING A SAVINGS CLAUSE AND A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, a petition has been filed with the City of Pearland, to abandon a
certain ten foot (10') public utility easement described in Exhibit "A", attached hereto
and made a part hereof for all purposes, and recorded in Volume 21, Page 77 of the
Plat Records of Brazoria County, Texas; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. The City Council finds and determines that public convenience and
necessity does not require retention of said ten -foot (10') wide public utility easement.
Section 2. That said public utility easement, evidenced by Exhibit "A", is
hereby ABANDONED by the City of Pearland.
Section 3. That the Mayor or his designee is hereby authorized to execute and
the City Secretary to attest all documents necessary to give effect to this Ordinance.
Section 4. A certified copy of this ordinance recorded in the official records of
Brazoria County, Texas, shall constitute notice of this action by the City Council.
Section 5. Abandonment of the public utility easement is contingent upon the
execution of the Waiver and Release of Liability attached hereto as Exhibit "B", by the
petitioner(s) requesting abandonment.
Section 6. Abandonment of the public utility easement is also contingent upon
the execution of any required easements, by the property owner, to the City.
Section 7. Savings. All rights and remedies which have accrued in favor of
the City under this Chapter and amendments thereto shall be and are preserved for the
benefit of the City.
ORDINANCE NO. 1148
Section 8. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise
unenforceable by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the
validity of the remaining portions thereof.
Section 9. Effective Date. This Ordinance shall become effective
immediately upon its passage and approval by the City Council.
PASSED and APPROVED ON FIRST READING this the 12th day of
January , A. D., 2004.
TOM REID
MAYOR
ATTEST:
Y S ETARY
PASSED and APPROVED ON SECOND AND FINAL READING this the 26th
day of January
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
, A. D., 2004.
TOM REID
MAYOR
WAIVER AND RELEASE OF LIABILITY
THE STATE OF TEXAS
PRESENTS:
COUNTY OF BRAZORIA
§
§
§
KNOW ALL MEN BY THESE
That I, owner of the ten foot (10') public utility easement
recorded in Volume 21, Page 77 of the Plat Records of Brazoria County, Texas, do
hereby release the City of Pearland, including but not limited to its officers, agents, and
employees, in both their public and private capacities, from and against any and all
claims that the undersigned holds or may claim due to the abandonment.
It is further agreed that the execution of this Release shall not constitute a waiver
by the City of Pearland, of the defense of governmental immunity where applicable or
any other defense recognized by the courts of this state.
SIGNED this day of , 2004.
THE STATE OF TEXAS
COUNTY OF BRAZORIA
§
§
§
BEFORE ME, the undersigned Notary Public, on this day personally appeared
, known to me to be the person whose name is subscribed to
the foregoing instrument and acknowledged to me that she executed the same for the
purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
, 2004.
NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
Printed Name:
My Commission Expires:
FM 518 & Dixie Farm Rd.
Pearland, Texas
W al Mart Super Center
Chevron
DIXIE FARM RD.
GARDEN ,
CENTER Li cj1
01 1c
01
L
108,000 SF
01
01
_10
Texaco
3
I
'i ( 1, Existing
Office
--- - Ih F
-'j building
Space
(100' Wide X S0' Dec?)
LONGWUOU UR.
•ii •
i�.
INLET
S 63° 00' 56" �. .
�u 175,47'
•
•
LS
10' MATER LXN ES .
CONCRETE PARKING vol. 21 - PG. 77 e,C.M.R.
SIGN
25 BUILDING
VOL LINE
•
21 PG. 77 B. C.M.R. •
INLE T
4 f SPA ES
RESTRICTED
RESERVE "B"
CONCRETE PARKING
C
• HCS
:: 1; 1
4:
•
•
I'CONC. WALL W/ 6'CLF ON TOP
DETENTION POND
9fSPA CiES
I END %' I.R.
W/ CAP
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0
JA
V(
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ESMT.
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01 018094
43 (1-80)
STATE OF TEXAS §
COUNTY OF BRAZORIA §
Job REL6441Z
Map 5748E
RELEASE 7 "' r lEtliRITY FEE 1.00
0 F r4.in-sY 5.00
EASEMENT "t`OTNG 5.00
AL
11.00
',FIE t 18094
lc CHECK 11.00
'' 4 Ekl--A 1
004.4tiL 4000 0172 5/ 2/01 11:5SAl YED
WHEREAS, under the platting and dedication of that certain subdivision known
as Home Depot U.S.A., Inc. certain utility easements were dedicated as reflected by the
official plat of said subdivision, recorded in Volume 21, Page 77 of the Plat Records of
Brazoria County, Texas; and,
WHEREAS, Reliant Energy HL&P, a division of Reliant Energy
Incorporated and Reliant Energy Entex, a division of Reliant Energy Incorporated, has
been requested by the present owners of Restricted Reserve "B" in said subdivision to
release its right of use of that portion of the dedicated easements specified in the next
paragraph of this instrument, which Reliant Energy HL&P, a division of Reliant Energy
Incorporated and Reliant Energy Entex, a division of Reliant Energy Incorporated, is
willing to do;
NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS: That in
consideration of the premises, Reliant Energy HL&P, a division of Reliant Energy
Incorporated and Reliant Energy Entex, a division of Reliant Energy Incorporated, has
RELEASED, and does by these presents FOREVER RELEASE, all of its right of use of
the following portion of the aforesaid dedicated easements, which released portion is
described as follows:
The dedicated ten (10) feet wide utility easement located
westerly of and adjoining the fifteen (15) feet Private Storm
Vus 0.O0994MOGY"16Y1IOee
0U1"101
f53-
Title Data LT 192.168.33.5 BR 2001018094.001
43 (1-80)
Job REL64412
Map 5748B
Sewer located westerly of and adjoining the entire easterly
line of Restricted Reserve "B" of said subdivision.
This is a partial release, which affects only that part of the easement
described in the preceding paragraph and which does not in any manner affect Reliant
Energy HL&P's, a division of Reliant Energy Incorporated and Reliant Energy Entex's, a
division of Reliant Energy Incorporated, right to use the remainder of the dedicated
easements in the aforesaid subdivision.
EXECUTED this day of , 2001.
RELIANT ENERGY HL&P, A DIVISION OF RELIANT
ENERGY INCORPORATED AND RELIANT ENERGY
ENTEX, A DIVISION OF RELIANT ENERGY
INCORPORATED
BY: JC/4. 4da,e.
Sandra B. Goodall
Supervisor Records Management
Surveying & Mapping Division
Agent & Attomey-in-Fact
STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on , 2001, by
Sandra B. Goodall, Supervisor Records Management in : urveying & Mapping Division
of Reliant Energy HL&P, a division of Reliant Energy In • .orated, Agent and Attomey-
in-Fact of Reliant Energy Entex, a division of Reliant Energy Resources Corporation, a
Delaware Corporation, on behalf of said corporation.
sue.
ovew
AFTER RECORDING RETURN TO:
SURVEYING & MAPPING
RELIANT ENERGYHL&P
P.O.BOX 1700
HOUSTON, TX 77261-1700
Title Data LT 192.168.33.5 BR 2001018094.002
FILED FOR RFCORO
OI HAY -2 AH H: 24
COUNTY CLERK
"AZOR(A cou+hrr Tr.T,ic
ETATEOFTEXAS
COUNTY OF MAMMA
I,JOVCE HUMAN. Perk of the Downy Court In swe or e.op,y
County, Teas do hereby notify that tf.0 krkurtwn wu FILED
FOR RECORD end RECORDED In the OFFICIAL RECORD at the
One and deb es ebhnped hereon by me
cony O. a Brawl. Co.. Tx
Title Data LT 192.168.33.5 BR 2001018094.003
CERTIFICATION
THE STATE OF TEXAS
COUNTIES OF BRAZORIA, HARRIS &
FT. BEND.
1, LaKeisha Cannon -Scott, Deputy City Secretary of the City Of Pearland, Texas,
hereby certify that the attached constitutes a true and correct copy of ORDINANCE NO.
1016; duly passed and approved on its Second and Final Reading by the City
Council on the 13* day of August 2001.
Witness my hand and seal of the City of Pearland, Texas, this 23rd day of May,
2003, at Pearland, Texas.
(SEAL)
afrt44024-7-46-
LaKeisha Cannon -Scott
Deputy City Secretary
3519 LIOERTY DRIVE • PBARLAND, TEXAS 77581-5416 •281-652-1600 • www.ri.pearland.tx.us
10MAW Mcyntl ►,pt
ORDINANCE NO_ 1016
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, WAIVING THE ENCROACHMENT OF A CONCRETE SLAB INTO
THE CITY'S TEN FOOT (10') UTILITY EASEMENT LOCATED NEAR THE
INTERSECTION OF FM 518 AND DIXIE FARM ROAD IN THE CITY OF
PEARLAND.
WHEREAS, the owner of the subject property has requested a waiver of
encroachment and acknowledges that such waiver extends until such time as the City
desires to gain access for 'any reason whatsoever to the City's interest in or on such
easement; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City of Pearland hereby waives the encroachment of a
concrete slab into the City's ten foot (10') utility easement located near the
intersection of FM 518 and Dixie Farm Road in the City .of Pearland.
Section 2. This waiver is effective only to the extent of the encroachment
generally described herein and depicted in Exhibit "A" attached hereto and incorporated
herein for all purposes.
Section 3. This waiver is further effective only upon the execution of the
Protective Covenants in a form acceptable to the City of Pearland.
PASSED and APPROVED ON FIRST READING this the 23
July , A. D., 2001.
1
TOM REID
MAYOR
day of
ORDINANCE NO. 1016
ATTEST:
PASSED and APPROVED ON SECOND AND FINAL READING this the 13 day
of August , A. D., 2001.
ATTEST:
APPROVED AS TO FORM:
G AAA,.,_ 1 1 . C.0'*`�-'�
DA IN M. COKER
CITY ATTORNEY
aYn
TOM REID
MAYOR
2
PROTECTIVE COVENANTS
Pearland Center, Ltd. ("Center") is the owner of record of a certain tract or
parcel of land generally located near the intersection of FM 518 end Dixie Farm Road
in the City of Pearland. The City of Pearland, a Municipal Corporation organized and
existing pursuant to the laws of the State of Texas ("City"), owns a ten foot (10')
utility easement located near the intersection of FM 518 and Dixie Farm Road.
City acknowledges and consents to the encroachment of ;a concrete slab into
the City's ten foot (101 utility easement located near the intersection of FM 518 and
Dixie Farm Road depicted in Exhibit "A". City's acknowledgment and consent is
specifically limited to the encroachment herein described, and as described in the
Ordinance waiving encroachment, and no additional encroachment of any nature
whatsoever shall be construed as having been consented to herein.
CENTER DOES HEREBY RELEASE, ACQUIT, AND FOREVER DISCHARGE CITY,
ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, AND ASSIGNS FROM ANY
AND ALL CLAIMS, DEMANDS, RIGHTS OR CAUSES OF ACTION OF WHATSOEVER
CHARACTER OR NATURE ARISING FROM OR BY REASON OF ANY AND ALL BODILY
OR PERSONAL INJURIES, INCLUDING DEATH AND MENTAL ANGUISH, DAMAGE TO
PROPERTY AND THE CONSEQUENCES THEREOF WHICH MAY BE SUSTAINED BY
CENTER, CENTER'S SUCCESSORS OR ASSIGNS, OCCURRING IN CONNECTION
WITH THE HEREINABOVE REFERENCED ENCROACHMENT INTO THE CITY'S
EASEMENT, AND WHICH ARE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE
OF CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS.
CENTER SHALL KEEP AND HOLD HARMLESS CITY, ITS OFFICERS. AGENTS,
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EMPLOYEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL COST, LIABILITY,
DAMAGE OR EXPENSE OF ANY NATURE AND HOWSOEVER CAUSED, CLAIMED OR
RECOVERED BY ANYONE BY REASON OF INJURY TO OR DEATH OF ANY PERSON
OR PERSONS OR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY OR
RESULTING FROM THE NEGLIGENCE OF CITY, ITS OFFICERS. AGENTS, EMPLOYEES,
SUCCESSORS, OR ASSIGNS ARISING IN CONNECTION WITH THE HEREINABOVE
REFERENCED ENCROACHMENT. IT IS THE EXPRESSED INTENTION OF BOTH
CENTER AND CITY THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS
INDEMNITY BY CENTER TO INDEMNIFY AND PROTECT CITY FROM THE
CONSEQUENCES OF THE NEGLIGENCE OF CITY, ITS OFFICERS, AGENTS,
EMPLOYEES, SUCCESSORS, OR ASSIGNS WHETHER SUCH NEGLIGENCE BE SOLE,
JOINT, OR CONCURRENT, ACTIVE OR PASSIVE. THE PROVISIONS OF THIS
SECTION SHALL SURVIVE THE TERMINATION, EXPIRATION, ORCANCELLATION OF
THIS AGREEMENT.
City expressly reserves the right, and Center expressly acknowledges and
consents to this right, to remove without liability therefor, any material or structure
contributing to the encroachment acknowledged herein, should such removal be
desirable in order for the City to gain access for any reason whatsoever to the City's
interests in or on such easement. The parties hereto expressly agree that City shall
in no way be liable for any removal and/or damage done to such materials and/or
structures. Furthermore, the parties hereto specifically agree that City shall under no
circumstances be under any duty or responsibility to restore any materials and/or
structures so removed and/or damaged.
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The conditions and covenants are hereby declared to be covenants running with
the land and shall be fully binding upon all persons acquiring any interest in the
property described herein, whether by descent, demise, purchase, gift, or otherwise.
ACCEPTED and AGREED to this the 13 day of
CITY OF PEARLAND
By:
Bill Eisen
City Manager
PEARLAND CENTER, LTD.,
OWNER
, 2001.
A
By:
Printed Na
Title: i ' 1 ' C-
3
THE STATE OF TEXAS
COUNTY OF 1I
BEFORE ME, the undersigned Notary Public, on this day personally appeared
i , known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he/she executed
the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS I Li DAY OF
tmkxe,,{- , A.D., 2001.
MELINDA K. WELSH
Wary PubAc, State Miens
My
2/0 20/2006 Expires:
THE STATE OF TEXAS §
COUNTY OF HARA S §
'c1--
NOTARY PUBLIC, STATE OF TEXAS
Commission Expires: 2-1?-6/gov S
Printed Name: Met iran- \MLkt
BEFORE ME, the undersigned Notary Public, on this day personally appeared
S j&j Wi WritTric , known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he/she executed
the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS .2/.5- DAY OF
iUy iSt , A.D., 2001.
cAa.Th sm+IAo
ouranosIar
..E......n..
AP I. 41. soss
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NOTARY P ' BLiC, STATE OF TEXAS
Commission Expires: y-9-O4
Printed Name: e'nlr'e1Y, Shepn et-4
4